Website Q & A - April 4, 2008
Arrested for a Misdemeanor and Lawyer Negotiating a Deal - Should
I Take It?
Dear Mr. Lee,
I do not yet have a green card and I was arrested for a Class A
misdemeanor and disorderly conduct which my criminal lawyer is negotiating
with the prosecutors. He tells me that I can get a one year conditional
discharge, not be sentenced, and my case will stay open for one
year and then I can withdraw the misdemeanor plea and only plead
to the disorderly conduct. I have not had any other problems with
the police and this is the first time that I am in trouble. I'm
afraid that if I take the deal, I will be deported. Should I do
it or not?
If you are concerned about your immigration status and your chances
of winning your case, you should take the deal as it does not appear
that the ultimate plea rises to the level of a conviction which
would bar you from immigrating to this country.